I hold freehold title over a property in a rural town. I have been informed that the land holds cultural significance to an indigenous group. Can a native tile claim be made over my property?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Cressey Wallwork, Swanbourne 6010 WA
- No. Freehold land title extinguishes native title.
Answer by Michelle Whitehead, Camden 2570 NSW
- Your freehold has extinguished the native title.
- However you may choose voluntarily to attend mediation with the indigenous group to find out if there is a way for you to honour the cultural significance of the land to them without unduly interfering with your occupation of the property.
- You could agree to enter into an Indigenous Land Use Agreement which is a voluntary agreement that can be registered with the National Native Title Agreement. This agreement could specify for example that the indigenous group have the right to:
- hold ceremonies on specified parts of the property;
- enter the property to teach law and custom;
- gather bush tucker or bush medicines;
- have a sacred site protected; or
- have a say in what development can happen on the land.
- The National Native Title Tribunal provides mediation services that may assist you.